Press Release

October 5, 2004

The Marriage Reference: It’s About Human Rights and Equality

The Charter Protects All Canadians

Ottawa—At 9:30 a.m. on Wednesday, October 6, the Supreme Court will hear the historic Reference of the federal government’s equal marriage legislation. In addition to the Attorney General of Canada, there are an unprecedented 27 intervenors, including all of the couples and groups that brought the original equal marriage challenges in Ontario, B.C. and Quebec.

“The Marriage Reference is about the Charter,” said Alex Munter, Co-Chair of Canadians for Equal Marriage, an umbrella group fighting for passage of the government’s equal marriage legislation. “Canadians overwhelmingly support Charter values like inclusion, human dignity, mutual respect and freedom from political or social prejudice. The Marriage Reference is about ensuring that these values apply to all Canadians.”

“We are confident the Supreme Court will confirm what courts across the country have found,” said Laurie Arron, Director of Advocacy of Egale Canada. “We’ve got the support of the federal government, 18 judges in a row, and groups like the Canadian Human Rights Commission, Canadian Bar Association, Canadian Civil Liberties Association and many supportive religious groups. This is the first time at the Supreme Court that the federal government is arguing in favour of gay and lesbian equality.”

“Denying gays and lesbians the right to marry is outdated and wrong just like it was wrong not to consider women as persons or to prohibit inter-racial marriage,” said Martha McCarthy, lawyer for the Ontario and Quebec couples. “Historical pedigree alone does not make something right. The Charter aims to protect the traditionally disadvantaged from discrimination, however deeply ingrained, seemingly natural, or longstanding.”

“The United Church understands both opposite-sex couples and same-sex couples as sharing the same human dignity,” said Anne Squire, former Moderator of the United Church of Canada. “Marriage is a benchmark by which Canadian society names the everyday development of love and intimacy between a couple. Restricting the definition of marriage to opposite-sex couples questions the capacity of gays and lesbians to develop love and intimacy, undermining their human dignity and reinforcing prejudicial attitudes.”

“Excluding same-sex couples from civil marriage is discrimination, plain and simple,” said Cynthia Petersen, lawyer for Egale Canada and five B.C. couples. “In today’s society, the only reason to exclude same-sex couples is to entrench and preserve the exclusive privileged status of heterosexual conjugal relationships. Same-sex couples in Canada have been getting married for well over a year. Thousands have done so. Equal marriage diminishes no one.”

“We see equal marriage as a matter of religious freedom for our clergy,” said Elizabeth Bowen, past president of the Canadian Unitarian Council. “What was once innovative is now regular practice. For us, the choice is clear. Our faith calls us to respect all persons. Justice requires this of us.”

“Equal marriage is the only option that advances equality,” said Gilles Marchildon, Executive Director of Egale Canada. “Separate but equal is unconstitutional. Eliminating everyone’s right to civil marriage, in order to exclude gays and lesbians, is not in keeping with our Canadian values of openness and inclusion. And the federal government simply doesn’t have the jurisdiction to replace civil marriage with civil union.”

“The Chinese Canadian National Council adds its voice in support of the interveners advocating for same-sex marriage rights,” Kenneth Cheung, CCNC National Chairperson said today. “We will continue to work in collaboration with other equality-seeking groups to fight discrimination and advance human rights and social justice in Canada. The federal government should introduce new legislation swiftly since the recent lower court rulings are clearly in support of including same-sex marriage.”

“We’ve been together for almost four years and married for over a year,” said Melinda Shaw, who married her partner Nisa Tummon on August 15, 2003. “It means the world to us that we have the same choice to marry as opposite-sex couples, and that our relationship is given the respect and dignity that it deserves.”

A survey released July 1 by the Centre for Research and Information on Canada and Environics Research found that the number of Canadians agreeing that gays and lesbians should be allowed to marry has increased 9%. Currently, 57% agree, the highest level since CRIC first asked the question two years ago. The number disagreeing currently stands at 38%. (see New Canada survey at http://www.cric.ca/en_html/index.html)

For More Information:
Alex Munter, Co-Chair, Canadians for Equal Marriage,
613.236.5492 (h), amunter@uottawa.ca
Gilles Marchildon, Executive Director, Egale Canada,
613.864.1133 (c), 613.230.1043 (o), gilles@egale.ca
Laurie Arron, Director of Advocacy, Egale Canada,
416.839.7178 (c), 613.230.1043 (o), laurie@egale.ca
Cynthia Petersen, counsel to Egale Canada and five B.C. couples,
416.979.6440, CynthiaPetersen@sgmlaw.com
Joe Arvay, counsel to Egale Canada and five B.C. couples,
250.812.7135 (c), jarvay@arvayfinlay.com
Martha McCarthy, counsel to Ontario and Quebec couples,
416.862.6226 (o), 416.505.1557 (c), Martha@epsteincole.com
Anne Squire, United Church of Canada, former Moderator,
613.521.6478, asquire@netrover.com
Elizabeth Bowen, Canadian Unitarian Council, past president,
613.236.4504, elizabeth@cuc.ca
Mr. Kenneth Cheung, National Chairperson, Chinese Canadian National Council,
514.909.9639

Egale Canada ©2010

Advancing equality and justice for lesbian, gay, bisexual, and trans-identified people and their families across Canada